The Supreme Court has affirmed that a child’s legitimacy and filiation cannot be attacked collaterally through a petition for correction of entries in a birth certificate. Such challenges must be pursued through a direct action. This ruling underscores the importance of protecting a child’s filiation, which carries significant legal rights, and limits the use of Rule 108 petitions for altering birth records when the underlying motive is to question parentage. DNA testing, although a valid means for determining filiation, requires a prima facie case before it can be ordered, preventing speculative fishing expeditions into a person’s parentage.

Whose Child Is It? The Battle over Birth Records and Filiation Rights

In the case of In Re: Petition for Cancellation and Correction of Entries in the Records of Birth, Rita K. Lee, et al. vs. Emma Lee and the Civil Registrar for the City of Caloocan, the central legal question revolves around whether a petition for correction of entries in a birth certificate can be used to challenge a child’s filiation. The petitioners, Rita K. Lee, et al., sought to change Emma Lee’s birth certificate to reflect Tiu Chuan as her mother, instead of Keh Shiok Cheng. This case highlights the complexities of altering official records and the stringent requirements for challenging filiation, particularly when it involves the use of DNA evidence.

The petitioners, who are siblings and half-siblings of Emma Lee, claimed that their father, Lee Tek Sheng, had an affair with Tiu Chuan, and Emma was one of the children born from this affair. They alleged that Lee Tek Sheng falsified the birth records of his children with Tiu Chuan, including Emma, to make it appear that his lawful wife, Keh Shiok Cheng, was their mother. Following Keh Shiok Cheng’s death, the siblings sought to correct these records, leading to a legal battle that spanned several years.

The initial legal action began with two Rule 108 petitions filed before different Regional Trial Courts. The first petition, filed in Caloocan City, targeted Emma Lee’s birth certificate. The second petition, filed in Manila, targeted the birth certificates of Marcelo Lee et al., who were also allegedly children of Lee Tek Sheng and Tiu Chuan. Both petitions sought the correction of entries to reflect Tiu Chuan as the mother, rather than Keh Shiok Cheng. The respondents in these petitions argued that Rule 108 was not the proper remedy for assailing filiation and legitimacy. However, the trial courts initially denied the motions to dismiss, leading to a protracted legal battle.

The Supreme Court addressed the fundamental issue of whether a Rule 108 petition is the appropriate avenue to challenge filiation. The Court emphasized that filiation and legitimacy can only be questioned through a direct action, not a collateral attack disguised as a petition for correction of entries. This principle was clearly articulated in Miller v. Miller, where the Court stated:

“The legitimacy and filiation of children cannot be collaterally attacked in a petition for correction of entries in the certificate of live birth.”

Building on this principle, the Court analyzed the petitioners’ true intent behind the Rule 108 petition. It determined that their primary goal was to repudiate Emma Lee’s filiation with Keh Shiok Cheng, rather than simply correct an error in the birth certificate. This intent was evident in their pleadings, the evidence they presented, and their explicit declarations before the Court. The Court found that the petitioners’ actions fell squarely within the prohibited act of collaterally attacking filiation. The way petitioners carried their case, pleading their claims and adducing their proof—hews more towards the prohibited act of collaterally attacking filiation through a Rule 108 petition, as opposed to asking for a mere formal correction that inexorably ensues from unequivocal proof.

The Supreme Court further examined the petitioners’ request for DNA testing to establish the maternal relationship between Emma Lee and Tiu Chuan. While acknowledging the validity of DNA testing as a means for determining filiation, the Court emphasized that it is not a readily available tool to be used at will. Instead, the party seeking DNA testing must first present prima facie evidence or establish a reasonable possibility of filiation. This requirement is crucial to prevent speculative fishing expeditions and protect individuals from unwarranted intrusions into their personal lives.

In this case, the Court found that the petitioners failed to meet the threshold for ordering DNA testing. The evidence they presented, including a National Bureau of Investigation report and expert testimony, primarily aimed to cast doubt on Emma Lee’s filiation with Keh Shiok Cheng, rather than affirmatively establishing a maternal relationship with Tiu Chuan. The Court highlighted that the NBI report lacked specific details regarding Emma Lee’s birth and relied heavily on the petitioners’ allegations. Similarly, the expert testimony focused on the unlikelihood of Keh Shiok Cheng bearing children at her age, but did not directly link Tiu Chuan to Emma Lee.

Even the testimony of petitioner Rita Lee was deemed insufficient, as it consisted of bare, self-serving allegations without corroborating evidence. Given the absence of prima facie evidence, the Court concluded that the Regional Trial Court and Court of Appeals correctly denied the motion for DNA testing. This decision aligns with the principle that DNA testing should not be used as a fishing expedition, but rather as a tool to confirm or refute a reasonable possibility of filiation.

The Supreme Court then addressed the previous ruling in Lee v. Court of Appeals, which initially sustained the propriety of the petitioners’ Rule 108 petition. The Court acknowledged the doctrine of the law of the case but emphasized that it should not be applied when it would result in an unjust decision. In this instance, the Court found that the earlier ruling failed to recognize that the petitioners’ intent was to collaterally impugn filiation, an act that is no more permissible in a Rule 108 petition than a collateral attack on legitimacy. The Court emphasized that, in the intervening time since Lee (2001), the Court has made definite determinations that collateral attacks on filiation could not be done in a Rule 108 Petition.

To insist on an earlier pronouncement—even when jurisprudence has, in the interim, been more enlightened—is to work an injustice by compelling respondent Emma to suffer the potential consequences of Lee (2001)‘s previous shortsightedness. The Court’s analysis aligns with the policy of protecting the best interests of the child and safeguarding filiation rights, which carry significant legal and social implications. This cautious approach is consistent with jurisprudence that prioritizes the child’s well-being in matters of custody, adoption, and nationality.

The Supreme Court addressed the potential for criminal charges, stating the petitioners may pursue criminal cases for acts which are penalized under Article 347 of the Revised Penal Code and Section 21 of Republic Act No. 8552 or the Domestic Adoption Act of 1998. Further, this may be filed against the alleged authors of what they claim to be the fictitious registration of respondent Emma’s birth. The Court notes that, in the interim, Congress has enacted Republic Act No. 11222 or the Simulated Birth Rectification Act, which facilitates amnesty when a simulation of birth made prior to its enactment was done in view of a child’s best interest. As such, any reckoning of liability must grapple with the terms set forth by Republic Act No. 11222.

FAQs

What was the key issue in this case?	The key issue was whether a petition for correction of entries in a birth certificate (Rule 108) can be used to challenge a child’s filiation, particularly when the aim is to change the identified mother.
What is a collateral attack on filiation?	A collateral attack on filiation is an attempt to challenge or dispute a child’s parentage indirectly, such as through a petition for correction of entries, rather than through a direct legal action specifically designed to determine filiation.
Why is a direct action required to challenge filiation?	A direct action is required to ensure that filiation is challenged through a proper legal process with appropriate safeguards, protecting the child’s rights and ensuring a thorough examination of the evidence.
What is needed for a DNA test to be ordered in a filiation case?	A party seeking a DNA test must first present prima facie evidence or establish a reasonable possibility of the alleged filiation. This prevents speculative requests for testing.
What kind of evidence did the petitioners present in this case?	The petitioners presented a National Bureau of Investigation (NBI) report, expert medical testimony, and the testimony of one of the petitioners, which the Court found insufficient to establish a reasonable possibility of filiation.
What did the Supreme Court say about the previous ruling in Lee v. Court of Appeals?	The Supreme Court acknowledged the doctrine of the law of the case but found that the previous ruling was unjust as it did not properly recognize that the petition was an improper collateral attack on filiation.
Can the petitioners pursue other legal actions?	Given their allegation of simulation of birth, petitioners may pursue criminal cases for acts which are penalized under Article 347 of the Revised Penal Code and Section 21 of Republic Act No. 8552 or the Domestic Adoption Act of 1998. The Court notes that, in the interim, Congress has enacted Republic Act No. 11222 or the Simulated Birth Rectification Act, which facilitates amnesty when a simulation of birth made prior to its enactment was done in view of a child’s best interest.
What is the significance of protecting filiation rights?	Protecting filiation rights ensures that children have legal recognition of their parentage, which is crucial for inheritance, support, citizenship, and other legal entitlements.

In conclusion, the Supreme Court’s decision reinforces the importance of direct legal action for challenging filiation and sets a high bar for ordering DNA testing in such cases. This ruling protects the legal rights associated with filiation and prevents speculative challenges to a child’s parentage. The Court emphasized the need to safeguard filiation rights and protect the best interests of the child, ensuring that legal proceedings are not misused to disrupt established family relationships.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IN RE: PETITION FOR CANCELLATION AND CORRECTION OF ENTRIES IN THE RECORDS OF BIRTH, G.R. No. 180802, August 01, 2022